[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 4741 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4741
To amend the Organic Act of Guam to provide for restitution to the
people of Guam who suffered atrocities such as personal injury, forced
labor, forced marches, internment and death during the occupation of
Guam in World War II, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 1994
Mr. Underwood introduced the following bill; which was referred jointly
to the Committees on Natural Resources and the Judiciary
_______________________________________________________________________
A BILL
To amend the Organic Act of Guam to provide for restitution to the
people of Guam who suffered atrocities such as personal injury, forced
labor, forced marches, internment and death during the occupation of
Guam in World War II, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guam War Restitution Act''.
SEC. 2. AMENDMENT TO THE ORGANIC ACT OF GUAM.
The Organic Act of Guam (48 U.S.C. 1421 et seq.) is amended by
adding at the end the following new section:
``SEC. 36. RECOGNITION OF DEMONSTRATED LOYALTY OF THE PEOPLE OF GUAM TO
THE UNITED STATES, AND THE SUFFERING AND DEPRIVATION
ARISING THEREFROM, DURING WORLD WAR II.
``(a) Application of Section.--This section shall apply to
Guamanians who did not meet the one-year time limitation for filing of
death or personal injury claims specified in the first section of the
Act of November 15, 1945 (Chapter 483; 59 Stat. 582), or who suffered
other compensable injuries if such Guamanians, their heirs or next of
kin, meet the eligibility, time limitation for filing, and other
criteria set forth in this section.
``(b) Definitions.--For the purposes of this section:
``(1) Award.--The term `award' means the amount of
compensation payable under subsection (c).
``(2) Benefit.--The term `benefit' means the amount of
compensation payable under subsection (d).
``(3) Board.--The term `Board' means the Guam Restitution
Trust Fund Board of Directors established by subsection (h).
``(4) Claims fund.--The term `Claims Fund' means the Guam
Restitution Claims Fund established by subsection (f)(1).
``(5) Compensable injury.--The term `compensable injury'
means one of the following three categories of injury incurred
during, or as a result of, World War II:
``(A) Death.
``(B) Personal injury.
``(C) Forced labor, forced march, or internment.
``(6) Guamanian.--The term `Guamanian' means any person who
resided in the territory of Guam during the period beginning
December 8, 1941, and ending September 2, 1945, and who was a
United States citizen or national during the period.
``(7) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(8) Trust fund.--The term `Trust Fund' means the Guam
Restitution Trust Fund established by subsection (g)(1).
``(c) General Authority of Secretary and Board; Requirements.--
``(1) In general.--The Secretary may receive, examine, and
render final decisions concerning claims for awards under
subsection (d) and benefits under subsection (e) filed in
accordance with this section. The Secretary may certify and
disburse payments from the Claims Fund, and the Board may
certify and disburse payments from the Trust Fund, in
accordance with this section.
``(2) Required information for inclusion in claims for
awards and benefits.--A claim for an award or benefit under
this section shall be made under oath and shall include--
``(A) the claimant's name and age;
``(B) the village in which the claimant resided at
the time the compensable injury occurred;
``(C) the approximate date or dates when the
compensable injury incurred;
``(D) a brief description of the compensable injury
being claimed;
``(E) the circumstances leading up to that
compensable injury; and
``(F) in the case of an award based on death as the
compensable injury and in the case of a claim for a
benefit, proof of the relationship of the claimant to
the deceased.
``(3) Time limitation applicable to secretary.--The
Secretary shall act expeditiously in the examination,
determination, and certification of submitted claims, but in no
event later than one year after the expiration of the time to
be issued by the Secretary.
``(d) Eligibility.--
``(1) Eligibility for awards.--To be eligible for an award
under this section, the following criteria must be met:
``(A) The claimant is a living Guamanian who
personally received the compensable injury, except that
in a claim for death, a claimant may be the heir or
next of kin of the decedent Guamanian.
``(B) The claimant files a claim with the Secretary
for a compensable injury containing all the information
required by subsection (c)(2).
``(C) The claimant is able to furnish either proof
of the compensable injury or is able to produce
affidavits by two witnesses to the compensable injury.
``(D) The claimant files a claim within one year
after the date of enactment of this section.
``(2) Eligibility for benefits.--To be eligible for
benefits under this section, the following criteria must be
met:
``(A) The claimant is a living Guamanian who is an
heir or next of kin of the decedent Guamanian who
personally received the compensable injury and who died
after September 2, 1945.
``(B) The claimant files a claim with the Secretary
or the Board for a compensable injury containing all
the information required by subsection (c)(2).
``(C) The claimant is able to furnish either proof
of the compensable injury or is able to produce
affidavits by two witnesses to the compensable injury.
``(D) The claimant files a claim within one year
after the date of enactment of this section; except
that persons who can prove consanguinity with claimants
who have met the criteria specified in subparagraphs
(A) through (C) may become eligible for pro rata share
of benefits accruing to such claim by filing a claim
with the Board at any time, by such procedures as the
Board may prescribe.
``(3) Limitation on eligibility for awards and benefits.--
(A) A claimant may only be eligible for an award arising out of
one category of compensable injury.
``(B) A claimant may only be eligible for benefits arising
out of one category of compensable injury.
``(e) Payments.--
``(1) Certification.--The Secretary shall certify all
awards for payment, and the Board shall certify all benefits
for payment, under this section.
``(2) Awards.--The Secretary shall pay the following
amounts as an award to each eligible claimant under subsection
(d)(1) from the Claims Fund:
``(A) $20,000 for the category of death.
``(B) $7,000 for the category of personal injury.
``(C) $5,000 for the category of forced labor,
forced march, or internment.
``(3) Benefits.--The Secretary shall pay the following
amounts as a benefit to each eligible claimant under subsection
(d)(2) from the Trust Fund:
``(A) $7,000 for the category of personal injury.
``(B) $5,000 for the category of forced labor,
forced march, or internment.
``(4) Refusal to accept payment.--If a claimant refuses to
accept a payment under paragraph (2) or (3), an amount equal to
such payment shall remain in the Claims Fund or Trust Fund, as
appropriate, and no payment may be made under this section to
such claimant at any future date.
``(5) Prorated payments related to claims for the same
death.--Payment of the award or benefit relating to death shall
be prorated among the heirs or next of kin claiming for the
same death, as provided in the Guam probate laws.
``(6) Order of payments.--The Secretary shall endeavor to
make payments under this section to eligible individuals in the
order of date of birth (with the oldest individual on the date
of the enactment of this Act or, if applicable, that
individual's survivors under paragraph (6), receiving full
payment first), until all eligible individuals have received
payment in full.
``(f) Guam Restitution Claims Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States the Guam Restitution Claims Fund, to be
administered by the Secretary of the Treasury, as directed by
the Secretary of the Interior. Amounts in the Claims Fund shall
only be available for disbursement by the Secretary of the
Interior in the amounts specified in subsection (e). In the
event that all eligible claims have been paid and a balance
exists in the Claims Fund, any unobligated funds shall be
transferred to the Trust Fund 60 days after the final report
required in subsection (j)(3) is submitted to Congress.
``(2) Limitation on use of amounts from claims fund.--No
cost incurred by the Secretary in carrying out this section
shall be paid from the Claims Fund or set off against, or
otherwise deducted from, any payment under this section to any
eligible claimant.
``(g) Guam Restitution Trust Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States the Guam Restitution Trust Fund, which
shall be administered by the Secretary of the Treasury.
``(2) Investments.--Amounts in the Trust Fund shall be
invested in accordance with section 9702 of title 31, United
States Code.
``(3) Uses.--Amounts in the Trust Fund shall be available
only for disbursement by the Board in accordance with
subsection (h).
``(h) Guam Restitution Trust Fund Board of Directors.--
``(1) Establishment.--There is established the Guam
Restitution Trust Fund Board of Directors, which shall be
responsible for making disbursements from the Trust Fund in the
manner provided in this subsection.
``(2) Uses.--The Board may make disbursements from the
Trust Fund only--
``(A) to sponsor research and public educational
activities so that the events surrounding the wartime
experiences and losses of the Guamanian people will be
remembered, and so that the causes and circumstances of
this and similar events may be illuminated and
understood;
``(B) to disburse available funds as benefits to
eligible claimants through a revolving fund for such
purposes as post-secondary scholarships, first-time
home ownership loans, and other suitable purposes as
may be determined by the Board; and
``(C) for reasonable administrative expenses of the
Board, including expenses incurred under paragraphs
(3)(C), (4), and (5).
``(3) Membership.--(A) The Board shall be composed of nine
members appointed by the Secretary from recommendations made by
the Governor of Guam, from individuals who are not officers or
employees of the United States Government.
``(B)(i) Except as provided in subparagraphs (B) and (C),
members shall be appointed for terms of three years.
``(ii) Of the members first appointed--
``(I) five shall be appointed for terms of three
years, and
``(II) four shall be appointed for terms of two
years,
as designed by the Secretary at the time of appointment.
``(iii) Any member appointed to fill a vacancy occurring
before the expiration of the term for which such member's
predecessor was appointed shall be appointed only for the
remainder of such term. A member may serve after the expiration
of such member's term until such member's successor has taken
office. No individual may be appointed as a member for more
than two consecutive terms.
``(C) Members of the Board shall serve without pay as such,
except that members of the Board shall be entitled to
reimbursement for travel, subsistence, and other necessary
expenses incurred by them in carrying out the functions of the
Board, in the same manner as persons employed intermittently in
the United States Government are allowed expenses under section
5703 of title 5, United States Code.
``(D) Five members of the Board shall constitute a quorum
but a lesser number may hold hearings.
``(E) The Chair of the Board shall be elected by the
members of the Board.
``(4)(A) The Board shall have a Director who shall be
appointed by the Board.
``(B) The Board may appoint and fix the pay of such
additional staff as it may require.
``(C) The Director and the additional staff of the Board
may be appointed without regard to section 5311(b) of title 5,
United States Code, and without regard to the provisions of
such title governing appointments in the competitive service,
and may be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that the
compensation of any employee of the Board may not exceed a rate
equivalent to the minimum rate of basic pay payable for GS-15
of the General Schedule under section 5332(a) of such title.
``(5) Administrative support services.--The Administrator
of General Services shall provide to the Board on a
reimbursable basis such administrative support services as the
Board may request.
``(6) Gifts and donations.--The Board may accept, use, and
dispose of gifts or donations of services or property for
purposes authorized under paragraph (2).
``(7) Annual report.--Not later than 12 months after the
first meeting of the Board and every 12 months thereafter, the
Board shall transmit to the President and to each House of the
Congress a report describing the activities of the Board.
``(i) Notice.--Not later than 90 days after the date of enactment
of this section, the Secretary shall give public notice in the
territory of Guam and such other places as the Secretary deems
appropriate of the time when, and the time limitation within which,
claims may be filed under this section. The Secretary shall assure that
the provisions of this section are widely published in the territory of
Guam and such other places as the Secretary deems appropriate, and the
Secretary shall make every effort to advise promptly all persons who
may be entitled to file claims under the provisions of this section and
to assist them in the preparation and filing of their claims.
``(j) Reports.--
``(1) Compensation needed.--No later than 18 months after
enactment of this section, the Secretary shall submit a report
to Congress and the Governor of Guam with a recommendation of a
specific amount of compensation necessary to fully carry out
this section. The report shall include--
``(A) a list of all claims, categorized by
compensable injury, which were approved under this
section; and
``(B) a list of all claims, categorized by
compensable injury, which were denied under this
section, and a brief explanation for the reason
therefore.
``(2) Annual.--Beginning with the first full fiscal year
ending after submittal of the report provided in paragraph (1),
and annually thereafter, the Secretary shall submit an annual
report to Congress concerning the operations under this
section, the status of the Claims Fund and Trust Fund, and any
request for an appropriation in order to make disbursement from
the Claims Fund and Trust Fund. Such report shall be submitted
no later than January 15th of each year.
``(3) Final award report.--Once all awards have been paid
to eligible claimants, the Secretary shall submit a report to
Congress and to the Governor of Guam certifying--
``(A) the total amount of compensation paid as
awards under this section, broken down by category of
compensable injury; and
``(B) the final status of the Claims Fund and the
amount of any existing balance thereof.
``(k) Limitation.--Any remuneration on account of services rendered
on behalf of any claimant, or any association of claimants, in
connection with any claim or claims under this section may not exceed 5
percent of the amount paid on such claim or claims under this section.
Any agreement to the contrary shall be unlawful and void. Whoever, in
the United States or elsewhere, demands or receives, on account of
services so rendered, any remuneration in excess of the maximum
permitted by this section, shall be guilty of a misdemeanor and upon
conviction thereof, shall be fined in accordance with title 18, United
States Code, imprisoned not more than 12 months, or both.
``(l) Disclaimer.--Nothing contained in this section shall
constitute a United States obligation to pay any claim arising out of
war. The compensation provided in this section is ex gratia in nature
intended solely as a means of recognizing the demonstrated loyalty of
the people of Guam to the United States, and the suffering and
deprivation arising therefrom, during World War II.
``(m) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
Amounts appropriated pursuant to this section are authorized to remain
available until expended.''.
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